25 U.S.C. § 292b — Establishment of single system of edu-

Page 62 TITLE 25—INDIANS § 292a 1 See References in Text note below. tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 292a. Discontinuance of boarding and day schools having small attendance All reservation and nonreservation boarding schools with an average attendance in any year of less than forty-five and eighty pupils, respec- tively, shall be discontinued on or before the be- ginning of the ensuing fiscal year. The pupils in schools so discontinued shall be transferred first, if possible, to Indian day schools or State public schools; second, to adjacent reservation or nonreservation boarding schools, to the limit of the capacity of said schools: Provided, That all day schools with an average attendance in any year of less than eight shall be discontinued on or before the beginning of the ensuing fiscal year: Provided further, That all moneys appro- priated for any school discontinued pursuant to this section or for other cause shall be returned immediately to the Treasury of the United States. (Mar. 4, 1929, ch. 705, 45 Stat. 1576.) Editorial Notes CODIFICATION Section is from the Interior Department Appropria- tion Act, 1930. Similar provisions were contained in the following prior appropriation acts: Mar. 7, 1928, ch. 137, 45 Stat. 215. Jan. 12, 1927, ch. 27, 44 Stat. 947. May 10, 1926, ch. 277, 44 Stat. 468. Mar. 3, 1925, ch. 462, 43 Stat. 1155. June 5, 1924, ch. 264, 43 Stat. 404. Jan. 24, 1923, ch. 42, 42 Stat. 1182. May 24, 1922, ch. 199, 42 Stat. 562. Mar. 3, 1921, ch. 119, 41 Stat. 1227. Feb. 14, 1920, ch. 75, 41 Stat. 410. § 292b. Establishment of single system of edu- cation in Alaska; transfer of Indian schools to State of Alaska The Bureau of Indian Affairs shall not expend any other funds for the operation of any sec- ondary education program or facility in the State of Alaska after June 30, 1983: Provided, That while consultation concerning day school transfers to the State of Alaska will continue with affected villages, local concurrence is not required in this continuing effort to establish a single system of education envisioned by the State’s constitution: Provided further, That after June 30, 1984, the Bureau of Indian Affairs shall fund no more than ten day schools in Alaska: Provided further, That the Bureau of Indian Af- fairs shall not fund any schools in Alaska after June 30, 1985: Provided further, That $9,350,000 of such amount shall be available until expended for transfer to the State of Alaska to assist in the rehabilitation or reconstruction of Bureau- owned schools which are transferred to the State: Provided further, That the $9,350,000 appro- priated in Public Law 97–394 available to the State of Alaska to assist in the rehabilitation of Bureau-owned schools which are transferred to the State may also be used for reconstruction: Provided further, That when any Alaska day school operated by contract is transferred, the State shall assume any existing contract per- taining to the operation or maintenance of such school for a minimum of two years or until the expiration of the negotiated contract, whichever comes first: Provided further, That nothing in the foregoing shall preclude assistance other- wise available under the Act of April 16, 1934 (48 Stat. 596) as amended (25 U.S.C. 452 et seq.),1 or any other Act to such schools on the same basis as other public schools. (Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 326.) Editorial Notes REFERENCES IN TEXT Other funds, referred to in text, means funds other than the appropriation of $22,000,000 made available to the Bureau of Indian Affairs for transfer to the State of Alaska for the benefit of Alaska Native secondary stu- dents under the headings ‘‘Bureau of Indian Affairs’’ and ‘‘Operation of Indian Programs’’ in chapter VII of Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 326. $9,350,000 of such amount, referred to in text, means $9,350,000 of the $53,150,000 appropriated as an additional amount for the operation of Indian programs by the Bureau of Indian Affairs under the headings ‘‘Bureau of Indian Affairs’’ and ‘‘Operation of Indian Programs’’ in chapter VII of Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 326. Public Law 97–394, referred to in text, is Pub. L. 97–394, Dec. 30, 1982, 96 Stat. 1966. Provisions of that act relating to an appropriation of $9,350,000 available to the State of Alaska (96 Stat. 1974) are not classified to the Code. Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the John- son-O’Malley Act, which was classified generally to section 452 et seq. of this title prior to editorial reclas- sification as sections 5342 et seq. of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. § 292c. Unavailability of appropriated funds for boarding schools On and after October 12, 1984, no part of any appropriations to the Bureau of Indian Affairs under this or any other Act shall be available to continue academic and residential programs of the Chilocco, Seneca, Concho, and Fort Sill boarding schools, Oklahoma; Mount Edgecumbe boarding school, Alaska; Intermountain board- ing school, Utah; and Stewart boarding school, Nevada. (Pub. L. 98–473, title I, § 101(c) [title I], Oct. 12, 1984, 98 Stat. 1837, 1850.) § 293. Sale of lands purchased for day school or other Indian administrative uses Subject to applicable regulations under chap- ters 1 to 11 of title 40 and division C (except sec- tions 3302, 3306(f), 3307(e), 3501(b), 3509, 3906, 4104, 4710, and 4711) of subtitle I of title 41 the Sec- retary of the Interior is authorized to cause to be sold, to the highest bidder, under such rules and regulations as he may prescribe any tract or part of a tract of land purchased by the United States for day school or other Indian adminis- trative uses, not exceeding one hundred and